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ABA CJS London WCC Institute – Weissmann/Steward on Enforcement
I’m attending the Fifth Annual ABA Criminal Justice Section London White Collar Crime Institute this week and the program will be touching on various important issues in the field. I thought I might share some of what was discussed with our readers. In this first post, I’ll focus on what was discussed during the first
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Guidelines Financial Loss Means Real Loss (Actual or Intended) to Real Crime Victims
This week in U.S. v. Free, the Third Circuit sent a sentencing case back to the district court for further proceedings, because the sentencing judge appeared to have based his loss calculations on defendant's harm to "the integrity of the judicial process." Free was convicted after a jury trial on bankruptcy fraud charges. The sentencing court found
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Comey Digs A Deeper Hole
In white collar cases, prosecutors often stress the signs or "indicia" of fraud inherent in a given defendant's conduct. In the FBI/DOJ investigation of Secretary Clinton we have several signs of incompetence and/or highly irregular conduct on the part of those in charge. The one that stands out most clearly to anyone who practices white collar criminal defense was the decision to
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Some Additional Thoughts on the McDonnell Decision
I agree with my colleague Prof. Podgor that DOJ made the "right decision" to drop the prosecution of former Virginia governor Robert McDonnell. Under the narrow definition of "official act" given by the Supreme Court a re-prosecution was doomed. I further agree with Prof. Podgor that McDonnell's legal team, led by Hank Asbill and Noel
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Declining to Re-Prosecute McDonnell – The Right Decision
As noted here by Solomon Wisenberg, DOJ moved to remand the case against Robert F. McDonnell to the district court in order to dismiss the indictment with prejudice. Many in the media have reported about this dismissal (e.g., Washington Post here, USA Today here) The Washington Post states that this results from a "new legal definition" being
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Breaking News: DOJ Abandons McDonnell Prosecution Efforts
It's now official. Former Virginia Governor Robert McDonnell and his wife Maureen will not be retried and all charges are to be dropped. The Washington Post has the story here. It is unclear whether Main Justice overruled the EDVA or caused that office to change its mind regarding proceeding to a second trial. More analysis to
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U.S. v. Reddy Annappareddy: What The Judge Saw
Finally, as promised, here is the U.S. v. Reddy Annappareddy 9-1-16 Motion to Dismiss Hearing Transcript. At the conclusion of that hearing Judge George Levi Russell dismissed the Indictment with prejudice. Judge Russell's rationale for his ruling can be found at pages 49-62 of the transcript. This was a health care fraud case and a core government theory was
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Breaking News: U.S. v. Reddy Annappareddy Dismissed With Prejudice
The case against Reddy Annappareddy is over. The Government's case has been dismissed with prejudice by U.S. District Court Judge George Russell because of a pattern of government misconduct that shocks the conscience. As soon as I obtain a copy of today's hearing transcript we will post it. Congratulations are in order for Mr. Annappareddy and his
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U.S. v. Reddy Annappareddy: Decision Day Is Here
As we write this post U.S. District Court Judge George Russell is holding a hearing on Defendant's Motion to Dismiss with prejudice. I have previously discussed this case here and here. The motion is bottomed on various alleged prosecutorial errors and misdeeds. In a bad omen for the Government, Judge Russell only set arguments on the Motion to Dismiss
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A Criminal Law Focus to Begin the U.S. Supreme Court’s New Term – By Guest Blogger Rory K. Little
Guest Blogger: Rory K. Little (Joseph W. Cotchett Professor of Law, U.C. Hastings College of Law) Almost all of the Court’s October arguments will be in criminal cases In a somewhat unprecedented calendaring wrinkle, the entire first week of oral arguments at the Supreme Court this coming Term, and 7 of the 8 cases to
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